Assault and Battery with a Dangerous Weapon, CASE DISMISSED

November 12, 2008
Assault and Battery with a Dangerous Weapon
The client was accused of throwing an iPod device at his wife, causing bruising to her arm and a welt on her face. After his wife was transported to the hospital via ambulance, the police became involved and arrested the husband for two counts of Assault and Battery with a Dangerous Weapon. Attorney Barabino sought an evidence motion called a "marriage waiver" which would exclude any testimony of the alleged victim. As a result, the judge dismissed the case since no case could be proven without her testimony.
Result: CASE DISMISSED